Terms and Conditions

School Cash
Online User Agreement

This User Agreement ("Agreement")
is a contract between you and KEV
and applies to your use of the Services. You must read, agree with and accept
all of the terms and conditions contained in this Agreement. In addition, you
must read, agree with and accept the terms of the School Cash Online Privacy
Policy. The headings and subheadings used below are for reference only and do
not limit the scope of each section. Some capitalized terms have specific definitions
set out Section 11.

We may amend this Agreement at any
time by posting a revised version on our website. The revised version will be
effective at the time we post it. In addition, if the revised version includes
a Substantial Change, we will provide you with 30 Days' prior notice of any
Substantial Change by posting notice on the "Policy Updates" page of
our website. In both cases, your continued use of the website following the
posting of such change (or, in the case of a Substantial Change, following the
end of the 30 Day notice period) will indicate your assent to such revisions.

This is an
important document which you must consider carefully when choosing whether to
use the Services at any time. This Agreement also highlights certain risks of using
the Services.

Please note
the following risks of using the School Cash Online Services:

Payments received in
your account may be reversed at a later time for example, if such a payment is
subject to a Chargeback, Reversal or otherwise invalidated.

We may close, suspend,
or limit your access to your Account or the Services, and/or limit access to
your funds for up to 180 Days if you engage in any Restricted Activities (as
further set out in section 8).

If you wish to open a
Dispute through KEV’s Online
Resolution Centre you must do so within 45 days of making your payment.

You must consider
such risks and guidance when using the Services.

1.Our Relationship with You

a.KEV is a Payment Service Provider – Through School Cash Online, KEV
operates a service permitting parents of school students to electronically
remit payment, through KEV, to
the student’s school for school-related charges. . KEV is an independent contractor for all purposes, except
that KEV acts as your agent with respect to the custody of your funds only. KEV
does not have control or liability for the products or services that are paid
for with our Service. We do not guarantee the identity of any User or ensure
that a school or school board or district will complete a transaction.

b.Your Privacy – Protecting your privacy is very important to KEV Group.
Please
review our Privacy Policy in order to better understand our commitment to
maintaining your privacy, as well as our use and disclosure of your
Information.

c.Privacy of Others – If you receive Information about another School Cash
Online user
through using our Services, you must keep the Information confidential and only
use it in connection with School Cash Online. You may not disclose or
distribute a School Cash Online users information to a third party or use the
information
for any purpose other than that for which it was provided unless you receive
the User's express consent to do so.

d.Intellectual Property – "SchoolCashOnline.com,” “School Cash
Online,” and all logos related to the School Cash Online Services are either
trademarks or registered trademarks of KEV or its licensors. You may not copy,
imitate or use them without KEV’s prior written consent. In addition, all page
headers, custom graphics, button icons, and scripts are service marks,
trademarks, and/or trade dress of KEV. You may not copy, imitate, or use them
without our prior written consent. You may not alter, modify or change these
logos in any way, use them in a manner that is disparaging to KEV or to the
Services, or display them in any manner that implies KEV’s sponsorship or
endorsement. All right, title and interest in and to the School Cash Online
website, any content thereon, the Services, the technology related to the
Services, and any and all technology and any content created or derived from
any of the foregoing, is the exclusive property of KEV and its licensors.

e.Assignment – You may not transfer any rights or obligations you have
under this Agreement without KEV’s prior written approval. KEV reserves the
right to transfer or assign this Agreement or any right or obligation under
this Agreement at any time.

f.Notices to You – You agree that KEV may provide notice to you by posting
it on our website, emailing it to the email address listed in your Account, or
mailing it to the street address listed in your Account. Such notice shall be
considered to be received by you within 24 hours of the time it is posted to
our website or emailed to you unless we receive notice that the email was not
delivered. If the notice is sent by mail, we will consider it to have been
received by you three Business Days after it is sent. KEV reserves the right to
close your Account if you withdraw your consent to receive electronic
communications.

g.Notices to KEV – Except as otherwise expressly provided in this
Agreement, notice to KEV must be sent to one of the following in written
format:

KEV
Group Inc.

3000 S Hulen Street, Suite 124-562

Fort Worth, TX 76109

KEV
Software Inc.

1167 Caledonia Road,
Suite 200

Toronto, ON M6A 2X1

h.Transaction History – You may view your transaction history by logging
into your Account and visiting Payment History. You agree to review your
transactions through your Account from time to time, instead of receiving
periodic statements by mail.

i.Taxes – All fees related to the Services are made free and clear of,
and without any deduction or withholding for and on account of, any taxes,
duties or other deductions. Any such deduction or withholding, if required by
the laws of any country, shall be on your account and be borne by you.

2.Eligibility

a.Eligibility – All Users of the Service must be at least 18 years old and
a resident of Canada or the United States.

b.Staff Eligibility – To be eligible to use the Service as a staff person,
you must provide your staff ID for verification of your employment, and your
school email address for verification.

c.Identity Authentication – You authorize KEV, directly or through third
parties, to make any inquiries we consider necessary to validate your
identity. This may include asking you for further information, requiring you
to take steps to confirm ownership of your email address or financial
instruments, and verifying your Information against
third party databases or through other sources.

3.Sending Money

a.Sending Limits – We may, at our discretion, impose limits on the amount
of money you can send through our Service. You can view your sending limit, by
checking your myWallet. Currently the maximum amount of money you can send is
$100 at any given time, in local currency.

c.Payment Method Limitations – In order to manage risk, KEV may limit the
Payment Method available for a transaction. In addition, Payment Methods may be
limited at the request of the school board or district with which your Account
is associated. In such cases, you may choose to continue with the transaction
with the understanding that you may have fewer avenues available for dispute
resolution should the transaction turn out to be unsatisfactory.

d.Refused and Refunded Transactions – When you conduct a transaction to
advance money, the recipient is not required to accept it. You agree that you
will not hold KEV liable for any damages resulting from a recipient's decision
not to accept a payment made through the Services. We will return any
unclaimed, refunded or denied payment within 30 Days of the date you initiate
payment. If a payment is unclaimed, denied or refunded for any reason, we will
return the money to your original Payment Method.

4.Account Balances

a.Balances – Through the Service, you have the ability to view your Account
balance. You do not need to maintain a balance in your Account in order to make
payments. If you do hold a Balance, KEV will hold your funds separate from its
corporate funds, will not use your funds for its operating expenses or any
other corporate purposes and will not voluntarily make your funds available to
its creditors in the event of bankruptcy. While your funds are in our custody,
KEV will combine your funds with the funds of other account holders and place
those pooled accounts in one or more bank accounts in KEV’s name.

b.Assignment of Interest to KEV – You agree that you will not receive
interest or other earnings on the funds that KEV handles as your agent and
places in pooled accounts. In consideration for your use of Services, you
irrevocably transfer and assign to KEV any ownership right that you may have in
any interest that may accrue on funds held in pooled accounts. This assignment
applies only to interest earned on your funds, and nothing in this Agreement
grants KEV any ownership right to the principal of the funds you maintain with
KEV. In addition to or instead of earning interest on pooled accounts, KEV may
receive a reduction in fees or expenses charged for banking services by the
banks that hold your funds.

c.Negative Balances and Multiple Currencies – If one of the currency Balances
in your Account is negative for any reason, KEV may setoff the negative balance
by using funds you maintain in a different currency balance, or by deducting
amounts you owe KEV from money you receive into your Account, or money you
attempt to withdraw or send from your Account.

d.Risks of Maintaining Balances in Multiple Currencies – You are
responsible for all risks associated with maintaining Balances in multiple
currencies. You agree that you will not attempt to use multiple currencies for
speculative trading.

e.Setoff of Past Due Amounts – If you have a past due amount owed to KEV
or a KEV affiliate or subsidiary, KEV may debit your account to pay any amounts
that are more than 180 days past due.

f.Security Interest – To secure your performance of this Agreement, you
grant to KEV a lien on and security interest in and to the funds held in your
Account in the possession of KEV.

5.Refund Requests

Refunds are allowed if the product or service was
not received. To receive a refund on your account requires a written or
telephone request to the school detailing the purchase with supporting
information (payment date, fee name, amount, receipt number). Refunds are
processed within 48 hours of receipt of request.

6.Withdrawing Money

a.How to Withdraw Money – You may withdraw funds from your Account at any
time. In all instances the funds withdrawn will be sent to you in the form of a
cheque, via post.

b.Withdrawal Limits – We may limit you to withdrawing no more than the
equivalent of $500.00 CDN per month from your Account. In addition, we may
delay withdrawals of large sums of money from your Account while we screen for
risk.

c.Withdrawing Money in Multiple Currencies – If you have multiple
currencies in your Balance, you will be able to choose from those when you
withdraw funds, but the withdrawal will take place in your home currency.

7.Closing Your Account

a.How to Close Your Account – You may close your Account at any time by
email notification to parenthelp@schoolcashonline.com,
providing your username. You must withdraw your entire Balance prior to closing
your Account.

b.Limitations on Closing Your Account – You may not close your Account to
evade an investigation. If you attempt to close your Account while we are
conducting an investigation, we may hold your funds for up to 180 Days to
protect KEV or a third party against the risk of Reversals, Chargebacks,
claims, fees, fines, penalties and other liability. You will remain liable for
all obligations related to your Account even after the Account is closed.

8.Restricted Activities

Restricted Activities – In connection with your use
of our website, your Account, or the Services, or in the course of your
interactions with School Cash Online, other Users, or third parties, you will
not:

a.Breach this Agreement, the Privacy Policy or any other agreement or
policy that you have agreed to with KEV;

c.Infringe the copyright, patent, trademark, trade secret or other
intellectual property rights, or rights of publicity or privacy of KEV or any
third party;

d.Act in a manner that is defamatory, trade libellous, threatening or
harassing;

e.Provide false, inaccurate or misleading information;

f.Send or receive what we reasonably believe to be potentially fraudulent
funds;

g.Refuse to cooperate in an investigation or provide confirmation of your
identity or any Information you provide to us;

h.Use an anonymizing proxy;

i.Control an Account that is linked to another Account that has engaged in
any of these Restricted Activities;

j.Conduct your business or use the Services in a manner that results in or
may result in complaints, claims, Reversals, Chargebacks, fees, fines,
penalties and other liability to KEV, other Users, third parties or you;

k.Use your Account or the School Cash Online Services in a manner that
KEV, School Cash Online, Visa, MasterCard, Discover, American Express, or any
other electronic funds transfer network reasonably believes to be an abuse of
the card system or a violation of card association or network rules;

l.Allow your Account to have a negative Balance;

m.Disclose or distribute another User's Information to a third party, or
use the Information for any purpose other than that for which it was provided,
unless you receive the User’s express consent to do so;

n.Take any action that imposes an unreasonable or disproportionately large
load on our infrastructure;

o.Facilitate any viruses, Trojan horses, worms or other computer
programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or Information;

p.Use any robot, spider, other automatic device, or manual process to
monitor or copy our website without our prior written permission;

q.Use any device, software or routine to bypass our robot exclusion
headers, or interfere or attempt to interfere, with our website or the
Services;

r.Take any action that may cause us to lose any of the services from our
internet service providers, payment processors, or other suppliers;

s.Use the School Cash Online services to test credit card behaviours.

9.Your Liability – Actions We May Take

a.You’re Liability – You are responsible for all Reversals, Chargebacks,
claims, fees, fines, penalties and other liability incurred by KEV, other
Users, and all third parties caused by or arising out of your breach of this
Agreement, and/or your use of the Services.

b.Reimbursement for Your Liability – In the event that you are liable for
any amounts owed to KEV, KEV may immediately remove such amounts from your
Balance. If you do not have a Balance that is sufficient to cover your
liability, your Account will have a negative Balance and you will be required
to immediately add funds to your Balance to eliminate the negative Balance. If
you do not do so, KEV may engage in collection efforts to recover such amounts
from you.

c.Actions by KEV – If we have reason to believe that you have engaged in
any Restricted Activities, we may take various actions to protect KEV, the
Services, other Users, other third parties, or you from Reversals, Chargebacks,
claims, fees, fines, penalties and any other liability. The actions we may take
include but are not limited to the following:

·We may close, suspend, or limit your access to your Account or
the Services (such as limiting access to any of your Payment Methods, and/or
your ability to send money, make withdrawals, or remove financial Information);

·We may contact your bank or credit card issuer, and/or warn other
Users, law enforcement, or impacted third parties of your actions;

·We may update inaccurate Information you provided us;

·We may refuse to provide the Services to you in the future;

·We may hold your funds for up to 180 days if reasonably needed to
protect against the risk of liability;

·We may take legal action against you.

KEV,
in its sole discretion, reserves the right to terminate this Agreement, access
to its website, or access to the Services for any reason and at any time upon
notice to you and payment to you of any unrestricted funds held in custody for
you.

d.Account Closure, Termination of Service, or Limited Account Access – If
we close your Account or terminate your use of the Services for any reason, we
will provide you with notice of our actions. If we limit access to your
Account, we will provide you with notice of our actions and the opportunity to
request restoration of access, if appropriate.

10.Unauthorised Transactions

a.100% Protection for Unauthorized Transactions – KEV will cover you for
the full amount of every eligible unauthorized transaction. An unauthorized
transaction is either:

·Money that was sent from your Account that you did not authorize
and that did not benefit you – for example, if someone steals your password,
uses the password to access your Account, and sends a payment from your
Account;

·A processing error that either incorrectly takes money from your
Account or incorrectly places money in your Account – for example, if you send
a payment and it is debited twice from your Account.

You
should regularly log into your Account and review your Account history to
ensure that there has not been an unauthorized transaction.

b.Notification Requirements – To be eligible for 100% protection for
unauthorized transactions, you must notify us within 60 days after the
unauthorized transaction first appears in your Account history. Otherwise, you
will be liable for related losses that occur on day 61 and beyond if we
reasonably believe we could have stopped the losses had you told us earlier. In
our discretion, we will extend the 60-day time period if a good reason, such as
a hospital stay, kept you from notifying us within 60 days. For unauthorized
transactions from your School Cash Online Account, notify us as follows:

When
you notify us, you must provide us with the following information:

·Your name and email address registered to your Account;

·A description of the suspected unauthorized transaction and an
explanation as to why you believe it is incorrect;

·The dollar amount of the suspected unauthorized transaction; and

·such other information as we may reasonably request.

You
should immediately notify KEV if you believe (a) there has been an unauthorized
transaction or access to your Account; or (b) your password or has been
compromised.

c.KEV Actions after Receipt of an Unauthorized Transaction Notification –
Once you notify us of a suspected unauthorized transaction, or we otherwise
learn of one, we will do the following:

·We will conduct an investigation to determine whether there has
been an unauthorized transaction that is eligible for coverage under this
section.

·We will complete our investigation within 10 Business Days of the
date you notified us of the suspected unauthorized transaction. If we need more
time, we may take up to 45 Business Days to complete our investigation.

If
we decide that we need more time to complete our investigation, we will
provisionally credit your Account for the amount of the suspected unauthorized
transaction. You will receive the provisional credit within 10 Business Days of
the date we received your notice. This will allow you to have use of the money
until we complete the investigation. If we ask you to put your complaint or
question in writing and we do not receive it within 10 Business Days, we will
not provisionally credit your Account.

We
will inform you of our decision within 3 Business Days after completing our
investigation.

If
we determine that there was an eligible unauthorized transaction, we will
promptly deposit the full amount of the unauthorized transaction into your
Account. Or, if you have already received a provisional credit, you will be
allowed to retain those amounts.

If
we decide that there was not an eligible unauthorized transaction, we will
include an explanation of our decision in our email to you. If you received a
provisional credit, we will remove it from your Account.

You
may request copies of the documents that we used in our investigation.

d.Processing Errors – If we discover a processing error, we will rectify
the error. If the error resulted in your receiving less money than you were
entitled to, KEV will credit your Account for the difference. If the error
results in you receiving more money than you were entitled to, KEV may debit
the extra funds from your Account. If the error resulted in our not completing
a transaction on time or in the correct amount, we will be liable for your
losses or damages directly caused by this failure, unless:

·Through no fault of ours, you did not have enough available funds
to complete the transaction;

·Our system was not working properly and you knew about the
breakdown when you started the transaction;

a.Contact KEV First – If a dispute arises between you and KEV, our goal is
to learn about and address your concerns and, if we are unable to do so to your
satisfaction, to provide you with a neutral and cost effective means of
resolving the dispute quickly. Disputes between you and KEV regarding the
Services may be reported to Customer Service via email at any time, or by
calling 1866 961 1803 from 8 AM to 8 PM EST.

b.Arbitration – For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than
$10,000.00 CAD, the party requesting relief may elect to resolve the dispute in
a cost effective manner through binding non-appearance-based arbitration. If a
party elects arbitration, that party will initiate such arbitration through an
established alternative dispute resolution (“ADR”) provider mutually agreed
upon by the parties. The ADR provider and the parties must comply with the
following rules:

·The arbitration shall be conducted by telephone, online and/or be
solely based on written submissions, the specific manner shall be chosen by the
party initiating the arbitration;

·The arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the parties;

·Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.

c.Law and Forum for Disputes – Except as otherwise agreed by the parties
or as described in the “Arbitration” section above, you agree that any claim or
dispute you may have against KEV must be resolved by a court located in
Ontario, Canada. You agree to submit to the personal jurisdiction of the courts
located in Ontario, Canada for the purpose of litigating all such claims or
disputes, and you waive, and shall not assert by way of motion, as a defence,
or otherwise, in any action, any claim that:

·that party is not subject to the jurisdiction of the courts of
Ontario;

·the action is brought in an inconvenient forum;

·the venue of the action is improper; or

·any subject matter of the action may not be enforced in or by the
courts of Ontario.

In
any suit or action brought to obtain a judgment for the recognition or
enforcement of any final judgment rendered in an action, you will not seek any
review with respect to the merits of any action, whether or not that party
appears in or defends the action.

d.No Waiver – Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to that breach, or subsequent or
similar breaches.

e.Limitations of Liability – IN NO EVENT SHALL KEV, OUR EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, AFFILIATES, , OR OUR SUPPLIERS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN CONNECTION WITH OUR WEB SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or
limitation of incidental or consequential damages so the above limitation or
exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, AND OUR SUPPLIERS , TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF
DIRECT DAMAGES.

f.No Warranty – KEV, OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
AFFILIATES, OR OUR SUPPLIERS PROVIDE THE SCHOOL CASH ONLINE SERVICES “AS IS”
AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. KEV, OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATIONS, CONDITIONS AND
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. KEV does not have any control over the products or services
that are paid for with the Services and KEV cannot ensure that the vendor you
are dealing with will actually complete the transaction or is authorized to do
so. KEV does not guarantee continuous, uninterrupted or secure access to any
part of the Services, and operation of our site may be interfered with by
numerous factors outside of our control. KEV will make reasonable efforts to
ensure that requests for electronic debits and credits involving bank accounts,
credit cards, and cheque issuances are processed in a timely manner but KEV
makes no representations or warranties regarding the amount of time needed to
complete processing because the Services are dependent upon many factors
outside of our control, such as delays in the banking system. Some states
and/or provinces do not allow the disclaimer of implied warranties, so the
foregoing disclaimers may not apply to you. This paragraph gives you specific
legal rights and you may also have other legal rights that vary amongst states
and provinces.

g.License Grant. If you are using Services then School Cash Online grants
you a revocable, non-exclusive, non-transferable license to use School Cash
Online’s Services in accordance with this Agreement. This license grant
includes the Services and all updates, upgrades to Services, as described
herein for your personal use only. You may not rent, lease or otherwise
transfer your rights in the Services to a third party. You must comply with the
implementation and use requirements contained in all School Cash Online
documentation accompanying the School Cash Online Services. If you do not
comply with School Cash Online’s implementation and use requirements you will
be liable for all resulting damages suffered by you, School Cash Online and
third parties. You agree not to alter, reproduce, adapt, distribute, display,
publish, reverse engineer, translate, disassemble, decompile or otherwise
attempt to create any source code which is derived from the Services. You
acknowledge that all rights, title and interest to Services are owned by KEV.

h.Indemnification – You agree to defend, indemnify and hold KEV, OUR EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, AFFILIATES, AND SUPPLIERS harmless from any claim
or demand (including attorneys’ fees) made or incurred by any third party due
to or arising out of your breach of this Agreement and/or your use of the
Services.

i.Assumption of Rights – If School Cash Online pays out a Reversal or
Chargeback that you file against a recipient of your payment, you agree that
KEV assumes your rights against the recipient and third parties related to the
payment, and may pursue those rights directly or on your behalf, in KEV’s
discretion.

j.Release of KEV – If you have a dispute with one or more Users, you
release KEV (and our employees, directors, officers, agents, affiliates, and
suppliers) from any and all claims, demands and damages (actual and
consequential) of every kind and nature arising out of or in any way connected
with such disputes.

k.Complete Agreement – This Agreement, along with the School Cash Online
Privacy Policy, sets forth the entire understanding between you and KEV with
respect to the Services. Sections 1, 6, 7, 8, 10, and 11, as well as any other
terms which by their nature should survive, will survive the termination of
this Agreement. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced.

12.Definitions.

"Account" means a personal School Cash
Online payment Account.

"Agreement" means this agreement
including all subsequent amendments.

"Balance" means any money that you have
in your Account. The terms "money" and "funds" are used
interchangeably in this Agreement.

"Business Days" means Monday through
Friday, excluding Holidays.

"Chargeback" means a request that a buyer
files directly with his or her credit card company or credit card issuing bank
to invalidate a payment.

"Customer Service" is School Cash
Online’s customer support which can be accessed online at parenthelp@schoolcashonline.com,
or by calling 1866 961 1803 from 8 AM to 8 PM ET

"Days" means calendar days.

"eCheck" means a payment funded from a
sender's bank account that is held pending and not received by the recipient
until it clears. When you send money using eCheck it will usually be held
pending for up to 8 Business Days.

"Information" means any confidential
and/or personally identifiable information or other information related to an
Account or User, including but not limited to the following: name, email
address and financial information.

"Merchant" and “Seller” are used
interchangeably and mean a User who is selling goods and/or services and using
the School Cash Online services to receive payment.

"Merchant Processing Delay" means a delay
between the time you Authorize a payment and the Merchant processes your
payment.

"Payment Method" means the payment method
used to fund a transaction.

"Policy" or "Policies" means
any Policy or other agreement between you and KEV that you entered into on the
School Cash Online website, or otherwise, in connection with your use of the
Services.

"Reversal" means PayPal reverses a
payment you received because (a) it is invalidated by the sender’s bank; or (b)
it was send to you in error by KEV,